80R6097 MXM-F

By: Garcia H.B. No. 4117

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Lamar Improvement District; providing authority to impose a tax and issue bonds; granting the power of eminent domain.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle F, Title 6, Special District Local Laws Code, is amended by adding Chapter 8222 to read as follows: CHAPTER 8222. LAMAR IMPROVEMENT DISTRICT SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8222.001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "Director" means a board member.

(3) "District" means the Lamar Improvement District.

Sec. 8222.002. NATURE OF DISTRICT. (a) The district is a municipal utility district created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

(b) The district, to the extent authorized by Section 8222.103 and Section 52, Article III, Texas Constitution, has road powers.

Sec. 8222.003. CONFIRMATION ELECTION REQUIRED. The board shall hold an election to confirm the creation of the district as provided by Section 49.102, Water Code.

Sec. 8222.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. All land and other property in the district will benefit from the improvements and services to be provided by the district.

Sec. 8222.005. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act creating this chapter.

(b) The boundaries and field notes contained in Section 2 of the Act creating this chapter form a closure. A mistake in the field notes or in copying the field notes in the legislative process does not affect the district's:

(1) organization, existence, or validity;

(2) right to issue any type of bond for a purpose for which the district is created or to pay the principal of and interest on the bond;

(3) right to impose an assessment or tax; or

(4) legality or operation. [Sections 8222.006-8222.050 reserved for expansion] SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8222.051. GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors.

(b) Directors serve staggered four-year terms.

Sec. 8222.052. INITIAL DIRECTORS. (a) The initial board consists of:

(1) Grey Hill;

(2) Richard Bianchi;

(3) Gwynn Lumpkin;

(4) Sam Ward; and

(5) Jeanie Wittliff.

(b) Unless the initial board agrees otherwise, the initial directors shall draw lots to determine which two shall serve until the first regularly scheduled election of directors and which three shall serve until the second regularly scheduled election of directors.

(c) This section expires September 1, 2014. [Sections 8222.053-8222.100 reserved for expansion] SUBCHAPTER C. POWERS AND DUTIES

Sec. 8222.101. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.

Sec. 8222.102. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES. The district has the powers and duties provided by the general law of this state, including Chapters 49 and 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution.

Sec. 8222.103. ROAD PROJECTS. (a) Under Section 52, Article III, Texas Constitution, the district may finance, construct, or acquire a road project as provided by this section.

(b) The district shall employ, or contract with, a licensed engineer to certify whether a proposed road project meets the criteria for a thoroughfare, arterial, or collector road of:

(1) a county in whose jurisdiction the proposed road project is located; or

(2) a municipality in whose corporate limits or extraterritorial jurisdiction the proposed road project is located.

(c) The district may finance, construct, or acquire a road that has been certified by the licensed engineer as a thoroughfare, arterial, or collector road, or any improvements in aid of the certified road.

(d) A road project must meet all applicable standards, regulations, ordinances, or orders of:

(1) each municipality in whose corporate limits or extraterritorial jurisdiction the road project is located; and

(2) each county in which the road project is located if the road project is not located in the corporate limits of a municipality.

(e) The district may, with the consent of the municipality or county, convey a completed road project to:

(1) a municipality in whose corporate limits or extraterritorial jurisdiction the road project is located; or

(2) a county in which the road project is located.

Sec. 8222.104. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR RESOLUTION. The district shall comply with all applicable requirements of any ordinance or resolution, adopted by the governing body of a municipality under Section 54.016, Water Code, that consents to the creation of the district or to the inclusion of land in the district.

Sec. 8222.105. NAVIGATION DISTRICT POWERS. (a) The district has the powers provided by the general law of this state, including Chapters 60 and 62, Water Code, applicable to navigation districts created under Section 59, Article XVI, Texas Constitution.

(b) The district may purchase, construct, acquire, own, operate, maintain, improve, or extend, inside or outside the district, a canal, waterway, bulkhead, dock, or other improvement necessary or convenient to accomplish the navigation purposes of the district. [Sections 8222.106-8222.150 reserved for expansion] SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8222.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The district may issue, without an election, bonds and other obligations secured by revenue or contract payments from a source other than ad valorem taxation.

(b) The district must hold an election in the manner provided by Chapters 49 and 54, Water Code, to obtain voter approval before the district may impose an ad valorem tax or issue bonds payable from ad valorem taxes.

(c) The district may not issue bonds payable from ad valorem taxes to finance a road project unless the issuance is approved by a vote of a two-thirds majority of district voters voting at an election held for that purpose.

Sec. 8222.152. OPERATION AND MAINTENANCE TAX. (a) If authorized at an election held under Section 8222.151, the district may impose an operation and maintenance tax on taxable property in the district as provided by Chapter 49.107, Water Code.

(b) The board shall determine the tax rate. The rate may not exceed the rate approved at the election. [Sections 8222.153-8222.200 reserved for expansion] SUBCHAPTER E. BONDS

Sec. 8222.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS. The district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, impact fees, revenue, grants, or other district money, or any combination of those sources, to pay for any authorized district purpose.

Sec. 8222.202. BONDS FOR ROAD PROJECTS. At the time of issuance, the total principal amount of a bond, note, or other obligation issued or incurred to finance a road project may not exceed one-fourth of the assessed value of real property in the district according to the most recent certified tax appraisal roll for Aransas County.

Sec. 8222.203. TAXES FOR BONDS AND OTHER OBLIGATIONS. At the time bonds or other obligations payable wholly or partly from ad valorem taxes are issued:

(1) the board shall impose a continuing direct annual ad valorem tax, without limit as to rate or amount, for each year that all or part of the bonds are outstanding; and

(2) the district annually shall impose an ad valorem tax on all taxable property in the district in an amount sufficient to:

(A) pay the interest on the bonds or other obligations as the interest becomes due;

(B) create a sinking fund for the payment of the principal of the bonds or other obligations when due or the redemption price at any earlier required redemption date; and

(C) pay the expenses of imposing the taxes.

SECTION 2. The Lamar Improvement District initially includes all the territory contained in the following area:

PART 1:

The following lots and/or blocks as described in the plat for Lamar Outlets, as recorded in the real property records of Aransas County:

1) Lamar Outlots, Lot 34

2) Lamar Outlots, Lots 1E/150', all of 2 & W/125' of 3

The following lots and/or blocks as described in the plat for Lamar Townsite, as recorded in the real property records of Aransas County:

1) Lamar Townsite, Block 165, Lots 9, Less 2' and all 10

2) Lamar Townsite, Block 105, Lots 7, 8, 15, 16

3) Lamar Townsite, Block 106, Lots 1, 2, 9, 10

4) Lamar Townsite, Block 139, Lots 1 thru 16

5) Lamar Townsite, Block 146, Lots 5, 6, 7

6) Lamar Townsite, Block 153, Lots 1 thru 16

7) Lamar Townsite, Block 157, Lots 1, 2, 3, 6, 7, 8

8) Lamar Townsite, Block 157, Lots 4 and 5

9) Lamar Townsite, Block 165, Lots 1 thru 8 and SW/2' of 9

10) Lamar Townsite, Block 165, Lots 11 thru 16

11) Lamar Townsite, Block 166, Lots 1 thru 13

12) Lamar Townsite, Block 166, Lots 14, 15, 16

13) Lamar Townsite, Block 167, Lots 1 thru 16

14) Lamar Townsite, Block 168, Lots 1 thru 16

15) Lamar Townsite, Block 172, Lots 1 thru 8

16) Lamar Townsite, Block 18, Lots 14-15 & 16

17) Lamar Townsite, Block 19, Lots 1 thru 16

18) Lamar Townsite, Block 20, Lots 1-2 & 3

19) Lamar Townsite, Block 36, Lots 1 thru 8

20) Lamar Townsite, Block 53, Lots 10 thru 16

21) Lamar Townsite, Block 56, Lots 1 thru 16

22) Lamar Townsite, Block 63, Lots 1 thru 16

23) Lamar Townsite, Block 69, Lots 1 thru 14

24) Lamar Townsite, Block 75, Lots 1 thru 16

25) Lamar Townsite, Block 80, Lots 5 thru 12

26) Lamar Townsite, Block 81, Lots 1 thru 8 & 10 thru 16

27) Lamar Townsite, Block 87, Lots 1 thru 16

28) Lamar Townsite, Block 92, Lots 2 thru 8 and 13

29) Lamar Townsite, Block 93, Lots 1 thru 8

30) Lamar Townsite, Block 93, Lots 12 and 13

31) Lamar Townsite, Block 99, Lots 5 to 8, 13 thru 16

The following lots and/or blocks as described in the plat for Lamar Reserve, as recorded in the real property records of Aransas County:

1) Lamar Reserve, Block E Side of Res A

2) Lamar Reserve, Block Pt of Res A

3) Lamar Reserve, Block Res A, Lot Tract 1 & 2

The following lots and/or blocks as described in the A96 Williams Lewis Survey, as recorded in the real property records of Aransas County:

1) A96 William Lewis Survey, Acres 200.5096, & 30'X740' Closing of 1st St.

And that portion of the real property located east of SH 35 as described in the plat for the Fannie VW Heard Subdivision, as recorded in the real property records of Aransas County.

PART 2:

TRACT 2A:

BEING 0.334 ACRES OF LAND CALLED 0.42 ACRES, LAMAR TOWNSITE IN THE NORTHEAST CORNER OF RESERVATION "A", ARANSAS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN THAT DEED DATED MAY 24, 1949, FROM ROY BRAMAN ET UX, TO C. L. DUTTON ET UX, RECORDED IN VOLUME E-3, PAGE 589, DEED RECORDS OF ARANSAS COUNTY, TEXAS, AND ALSO BEING DESCRIBED IN VOLUME 196, PAGE 347, DEED RECORDS OF ARANSAS COUNTY, TEXAS, WITH SAID 0.334 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGIN at a spike and washer found at the point of intersection of the Southwest R.O.W. line of Texas State Park Road No. 13, and the West R.O.W. line of Walnut Street, and being the NORTHEAST corner and PLACE OF BEGINNING of this survey;

THENCE, South 00°25'00" West along and with the West R.O.W. line of Walnut Street a distance of 212.0 feet to a 1/2" steel rebar found for the Northeast corner of the Emma Huddleston Estate tract and being the SOUTHEAST corner of this survey;

THENCE, North 84°01'00" West along and with the North line of said Huddleston tract a distance of 68.03 feet to a 5/8" steel rebar set in the East line of Sea Gun Bay Homes P.U.D., according to the Map Recorded in Volume 3, Page 102, Map Records of Aransas County, Texas, and being the SOUTHWEST corner of this survey;

THENCE, North 01°42'30" East along and with the East line of Sea Gun Bay Homes P.U.D. a distance of 233.88 feet to a 1 1/2" galvanized iron pipe found in the Southwest R.O.W. line of Texas State Park Road No. 13 and being the NORTHWEST corner of this survey;

THENCE, South 65°07'00" East along and with the Southwest R.O.W. line of Texas State Park Road No. 13 a distance of 68.6 feet to the PLACE OF BEGINNING and containing 0.334 acres of land more or less.

TRACT 2B:

BEING 0.395 ACRES OF LAND OUT OF RESERVATION "A", LAMAR TOWNSITE, WILLIAM LEWIS SURVEY ABSTRACT NO. 96, ARANSAS COUNTY, TEXAS, WITH SAID 0.395 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGIN at a 1/2" steel rebar found in the West R.O.W. line of Walnut Street a platted 60.0 foot wide county roadway and being the Southeast corner of a 0.334 acre tract in the name of Charles Blackwood, called 0.42 acres as described in a deed recorded in Volume E-3, Page 589, Deed Records of Aransas County, Texas, and from whence 1/2" steel rebar found at the point of intersection of West R.O.W. line of Walnut Street and the South R.O.W. line of Park Road No. 13, bears North 00°25'00" East a distance of 212.0 feet, with said 1/2" steel rebar found being the NORTHEAST corner and PLACE OF BEGINNING of this survey;

THENCE, South 00°25'00" West along and with the West R.O.W. line of Walnut Street a distance of 237.67 feet to a 5/8" steel rebar found for the SOUTHEAST corner of this survey;

THENCE, South 85°47'28" West along and with the North line of Sea Gun Bay Homes, P.U.D., according to the Map Recorded in Volume 3, Page 102, Map Records of Aransas County, Texas, a distance of 73.6 feet to an old fence post found for the SOUTHWEST corner of this survey;

THENCE, North 01°42'36" East along and with the East line of said Sea Gun Bay Homes, P.U.D., a distance of 250.26 feet to a 5/8" steel rebar found for the SOUTHWEST corner of said Charles Blackwood tract and being the NORTHWEST corner of this survey;

THENCE, South 84°01'00" East along and with the South line of said Charles Blackwood tract a distance of 68.03 feet to the PLACE OF BEGINNING and containing 0.395 acres or 17,207 square feet of land more or less.

TRACT 2C:

BEING 2.497 ACRES OF LAND OUT OF LOTS 16 AND 17 OF THE F.V.W. HEARD'S SUBDIVISION, LAMAR PENINSULA, ARANSAS COUNTY, TEXAS ACCORDING TO THE MAP RECORDED IN VOLUME 1, PAGE 56, MAP RECORDS OF ARANSAS COUNTY TEXAS

TRACT 2D:

Being described as TRACT NO. 5 in Volume 236, page 160, Deed Records, Aransas County, Texas and being a part or parcel of land containing 0.983 acres of land, located in Aransas County, Texas, said 0.983 acres of land being more fully described as follows:

COMMENCING at a concrete monument marking the intersection of the easterly Right of Way of Highway No. 35 with the southerly Right of Way of State Park Road 13:

THENCE, North 86°04'00" East with said southerly Right of Way of State Park Road 13, a distance of 93.89 feet to a concrete monument for corner:

THENCE, South 65°02'10" East with said Right of Way, a distance of 281.95 feet to a point for corner:

THENCE, South 15°29'00" West, a distance of 53.12 feet to the POINT OF BEGINNING:

THENCE, South 74°52'21" East, a distance of 109.25 feet to a point for corner:

THENCE, South 15°07'39" West, a distance of 16.00 feet to a point for corner:

THENCE, South 74°52'21" East, a distance of 72.00 feet to a point for corner:

THENCE, South 15°07'39" West, a distance of 6.00 feet to a point for corner:

THENCE, South 74°52'21" East, a distance of 68.00 feet to a point for corner:

THENCE, South 15°07'39" West, a distance of 17.00 feet to a point for corner:

THENCE, South 74°52'21" East, a distance of 36.95 feet to a point of curvature:

THENCE, in a Southeasterly direction with a curve to the right, said curve having a central angle of 71°34'08", a radius of 30.00 feet, and whose long chord bears South 39°05'17" East (35.08 foot chord), an arc distance of 37.47 feet to a point of compound curvature:

THENCE, in a Southwesterly direction with a curve to the right, said curve having a central angle of 43°33'09", a radius of 115.00 feet, and whose long chord bears South 18°28'21" West (85.33 foot chord), an arc distance of 87.42 feet to a point for corner:

THENCE, North 88°13'40" West, a distance of 29.89 feet to a point for corner:

THENCE, in a Southwesterly direction following a curve to the right, said curve having a central angle of 35°28'42", a radius of 30.00 feet, and whose long chord bears South 84°42'18" West (18.29 foot chord), an arc distance of 18.58 feet to a point of reverse curvature:

THENCE, in a Northwesterly direction with a curve to the left, said curve having a central angle of 2°35'00", a radius of 30.00 feet, and whose long chord bears North 78°50'51" West (3.61 foot chord), an arc distance of 3.61 feet to a point of tangency:

THENCE, North 80°08'21" West, a distance of 88.00 feet to a point of curvature:

THENCE, in a Northwesterly direction with a curve to the right, said curve having a central angle of 31°55'00", a radius of 155.00 feet, and whose long chord bears North 64°10'51" West (85.23 foot chord), an arc distance of 86.34 feet to a point of reverse curvature:

THENCE, in a Northwesterly direction with a curve to the left, said curve having a central angle of 14°47'26", a radius of 285.00 feet, and whose long chord bears North 55°37'04" West (73.37 foot chord), an arc distance of 73.57 feet to a point of reverse curvature:

THENCE, in a Northwesterly direction with a curve to the right, said curve having a central angle of 78°29'47", a radius of 23.00 feet, and whose long chord bears North 23°45'53" West (31.63 foot chord), an arc distance of 34.25 feet to a point of tangency:

THENCE, North 15°29'00" East, a distance of 101.68 feet to the POINT OF BEGINNING

and containing 0.983 acres of land, more or less.

TRACT 2E:

BEING 4.367 ACRES OF LAND OUT OF A 7.262 ACRE TRACT OF LAND LYING SOUTH OF AND ADJACENT TO THE SOUTH LINE OF THE WILLIAM LEWIS SURVEY A-96, ARANSAS COUNTY, TEXAS, AND BEING BOUND ON THE WEST BY AN EXISTING CONCRETE BULKHEAD ALONG THE EASTERLY PERIMETER OF SEA GUN HARBOR, BEING BOUND ON THE SOUTH BY THE MEAN HIGH WATER LINE OF ARANSAS BAY, AND BEING BOUND ON THE EAST BY THE ORIGINAL EASTERLY BOUNDARY OF SAID 7.262 ACRE TRACT AS SURVEYED BY J. E. MORTENSEN LICENSE STATE LAND SURVEYOR, IN JANUARY, 1980, AND DESCRIBED BY DEED OF RECORD UNDER CLERK'S FILE NO. 180994, PROPERTY RECORDS OF ARANSAS COUNTY, TEXAS, WITH SAID 4.367 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGIN at a 5/8" steel rebar found in the East R.O.W. line of Walnut Street, a platted 60.0 foot wide county roadway, in the Townsite of Lamar and being the original Northeast corner of said 7.262 acre tract and being the NORTHEAST corner and PLACE OF BEGINNING of this survey;

THENCE, South 72°36'58" West along the original North line of said 7.262 acre tract a distance of 145.47 feet to a 5/8" steel rebar found in the Southerly projection of the Westerly boundary of the E. Huddleston Tract described in Volume P-2, Page 294, Deed Records of Aransas County, Texas, and being a CORNER of this survey;

THENCE, South 70°13'12" West along and with the South boundary of Sea Gun Bay Homes, P.U.D., as shown by Map of Record in Volume 3, Page 102, Map Records of Aransas County, Texas, also known as Tract No. 1 of the Sea Gun Sports Inn, according to the Map Recorded in Volume 3, Page 101, Map Records of Aransas County, Texas, a distance of 165.8 feet to a 5/8" steel rebar found for the Northeast corner of a 0.290 acre tract out of said 7.262 acre tract, described under Clerk's File No. 180994, Official Property Records of Aransas County, Texas, and being the NORTHWEST corner of this survey;

THENCE, South 13°50'55" East along and with the East boundary of said 0.290 acre tract a distance of 60.97 feet to the landside of an existing corner of a concrete bulkhead and being an INTERIOR corner of this survey;

THENCE, South 26°59'29" West a distance of 1.91 feet to the waterside of said existing concrete bulkhead corner and being an EXTERIOR corner of this survey;

THENCE, in a Southerly direction along and with the seaward edge of said existing concrete bulkhead as follows: South 13°45'59" East a distance of 60.26 feet to a point; thence, South 05°25'26" West a distance of 66.97 feet to a point; thence, South 05°15'57" West a distance of 89.64 feet to a point; thence, South 05°16'31" West a distance of 83.8 feet to a point; thence, South 07°38'19" West a distance of 59.6 feet to a point; thence, South 12°11'18" West a distance of 66.09 feet to a point; thence, South 18°19'06" West a distance of 78.19 feet to a point; thence, South 24°04'00" West a distance of 77.88 feet to a point; thence, South 32°08'18" West a distance of 16.45 feet to a point on the outside edge of said concrete bulkhead and being the SOUTHWEST corner of this survey;

THENCE, in an Easterly direction along and with the mean high water line of Aransas Bay as follows: South 70°46'14" East a distance of 24.82 feet to a lathe set; thence, South 27°43'50" East a distance of 14.18 feet to a lathe set; thence, North 66°37'03" East a distance of 49.18 feet to a lathe set; thence, North 86°32'14" East a distance of 44.15 feet to a lathe set; thence, North 77°58'50" East a distance of 80.38 feet to a lathe set; thence, North 81°49'08" East a distance of 96.47 feet to a lathe set; thence, South 66°15'02" East a distance of 15.19 feet to a lathe set; thence, North 69°24'17" East a distance of 29.97 feet to a lathe set; thence, North 55°53'48" East a distance of 65.62 feet to a lathe set; thence, North 76°57'54" East a distance of 34.98 feet to a lathe set; thence, North 80°43'10" East a distance of 20.28 feet to a lathe set; North 49°07'46" East a distance of 85.57 feet to a lathe set on the original East boundary of the Texas General Land Office line and being the SOUTHEAST corner of this survey;

THENCE, in a Westerly and Northwesterly direction along and with the original boundary of said 7.262 acre tract as follows: North 80°20'00" West a distance of 40.39 feet to a 5/8" steel rebar set; thence, North 20°39'35" West a distance of 29.42 feet to a 5/8" steel rebar set; thence, South 85°01'28" West a distance of 18.94 feet to a 5/8" steel rebar set; thence, South 10°03'57" East a distance of 24.97 feet to a 5/8" steel rebar set; South 70°28'03" West a distance of 107.33 feet to a 5/8" steel rebar set; thence, North 01°24'47" East a distance of 131.25 feet to a 5/8" steel rebar set; thence, North 24°27'09" East a distance of 91.5 feet to a 5/8" steel rebar set; thence, North 08°25'06" West a distance of 23.17 feet to a 5/8" steel rebar set; thence, North 77°54'14" West a distance of 34.67 feet to a 5/8" steel rebar set; thence, North 07°58'17" West a distance of 130.58 feet to a 5/8" steel rebar set; thence, North 06°47'54" East a distance of 74.64 feet to a 5/8" steel rebar set; thence, North 02°28'46" East a distance of 73.92 feet to a 5/8" steel rebar set; thence, North 02°36'20" East a distance of 16.33 feet to a 5/8" steel rebar set; thence, North 33°12'46" East a distance of 16.36 feet to a 5/8" steel rebar set; thence, North 59°42'24" East a distance of 28.83 feet to a 5/8" steel rebar set in the Southerly projection of the East R.O.W. line of Walnut Street and being an EXTERIOR corner of this survey;

THENCE, North 00°58'09" East along and with the Southerly projection of the East R.O.W. line of Walnut Street a distance of 62.31 feet to the PLACE OF BEGINNING and containing 4.367 acres of land save and except a 0.089 acre tract located within the interior of said 4.367 acre tract as said 0.089 acre tract was conveyed under Clerk's File No. 162859, Real Property Records of Aransas County, Texas.

TRACT 2F:

BEING 8.305 ACRES OF LAND OUT OF A 412.63 ACRE TRACT DEEDED BY THE STATE OF TEXAS TO THE STATE HIGHWAY COMMISSION BY HOUSE BILL NO. 713, 42ND LEGISLATURE IN GENERAL SESSION IN 1931, RECORDED IN SURVEYOR'S HEADRIGHT NO. 1, PAGES 406-407, ARANSAS COUNTY SURVEYOR'S OFFICE, ROCKPORT, TEXAS, WITH SAID PROPERTY BEING LOCATED SOUTH OF LAMAR TOWNSITE AND SOUTH OF THE WILLIAM LEWIS SURVEY A-96, ARANSAS COUNTY, TEXAS, WITH SAID 8.305 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGIN at a 5/8" iron rod set in the most Southerly Northeast line of said 412.63 acre tract from whence an old nail found at the centerline North end of the old Copano Bay Causeway bears South 44°26'27" West a distance of 1120.22 feet and from whence an old 3/4" iron pipe found for the Southeast corner of Lot 16 of the Heard Subdivision according to map recorded in Volume 1, Page 56, map records of Aransas County, Texas and same pipe being the Southwest corner of a 2.624 acre tract called tract 1 in a warranty deed from the estate of N. A. Kalt to Aransas Bay Interest LLC as shown of record under Clerk's File No. 209344 bears South 89°37'24" East a distance of 123.17 feet with said 5/8" iron rod set being the NORTHWEST corner and PLACE OF BEGINNING of this survey;

THENCE South 53°30'56" East along and with the Northeast line of said 412.63 acre tract a distance of 135.0 feet to a 5/8" iron rod set on +1.0 foot contour line established from topographic map of Copano Causeway and Approaches dated March 1930 and being a corner of this survey; thence in an Easterly direction, along and with said +1.0 foot contour line as follows; North 60°20'46" East a distance of 39.89 feet to a drill hole set in the Westerly edge of concrete boat ramp; thence North 85°03'06" East a distance of 25.02 to a drill hole set on Easterly edge of concrete boat ramp; thence South 83°18'51" East a distance of 19.55 feet to a 5/8" iron rod found in the South line of a 2.624 acre tract called tract 1 in a deed from the estate of N. A. Kalt to Aransas Bay Interest LLC recorded under Clerk's File No. 209344, Official Property Records of Aransas County, Texas; thence South 56°27'10" East along and with said 2.624 acre tract a distance of 133.91 feet to a drill hole set in concrete slab; thence South 39°26'20" East a distance of 105.0 feet to a submerged corner of Sea Gun Harbor; thence South 66°47'44" East a distance of 86.68 feet to the original Northeast corner of said 412.63 acre tract to a submerged corner in Sea Gun Harbor and being the NORTHEAST corner of this survey;

THENCE South 32°04'54" West along and with the Southeast line of said 412.63 acre tract at 541.22 feet pass a drill hole set in the top of an existing concrete bulkhead around Sea Gun Harbor for a point on line and in all a distance of 598.97 feet to a 5/8" iron rod set at the top of cut bank along the mean high water line of Aransas Bay for the SOUTHEAST corner of this survey;

THENCE in a Southwesterly direction along and with the top of cut bank in wash line along the shoreline of Aransas Bay as follows; North 88°51'44" West a distance of 92.51 feet to a point, thence South 89°21'28" West a distance of 97.0 feet to a point, thence South 85°29'39" West a distance of 126.8 feet to a point, thence South 80°02'39" West a distance of 132.94 feet to a point, thence South 78°03'22" West a distance of 104.57 feet to a point, thence South 74°47'03" West a distance of 19.62 feet to a 5/8" iron rod set for the SOUTHWEST corner of this survey;

THENCE North 32°04'54" East a distance of 226.23 feet to a point submerged in an existing inland pond for an angle point in said survey;

THENCE North 27°09'39" East a distance of 702.13 feet to the PLACE OF BEGINNING and containing 8.305 acres of land partially submerged more or less.

TRACT 2G:

BEING 0.283 ACRES OF LAND OUT OF TRACT 18, MRS. F.V.W. HEARD SUBDIVISION, LAMAR TOWNSITE, WILLIAM LEWIS SURVEY A-96, ARANSAS COUNTY, TEXAS, AND BEING A PORTION OF THE SEA GUN SPORTS INN PROPERTY BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGIN at a 1 1/2" iron pipe found in the Easterly R.O.W. line of Texas State Highway No. 35 for the common corner of Tract 17 and 18, F.V.W. Heard Subdivision and being the Southwest corner and PLACE OF BEGINNING of this survey;

THENCE, North 31°00'30" East along and with the Easterly R.O.W. line of Texas State Highway No. 35 a distance of 55.63 feet to a 60d nail and washer set in asphalt drive for the Northwest corner of this survey;

THENCE, South 61°47'10" East a distance of 199.61 feet to a 60d nail and washer found in asphalt for the Northeast corner of this survey;

THENCE, South 22°55'20" West along the original East line of said Tract 18 a distance of 65.57 feet to a 3/4" iron pipe found for the Northeast corner of Tract 17 for the Southeast corner of this survey;

THENCE, North 59°07'00" West along and with the common line between said Tracts 17 and 18, F.V.W. Heard Subdivision a distance of 208.60 feet to the PLACE OF BEGINNING and containing 0.283 acres of land more or less.

TRACT 2H:

BEING A PARCEL OF LAND CONTAINING 2.624 ACRES OF LAND BEING PART OF TRACT 2c AS FOUND IN EXHIBIT "B" OF THE SEA GUN RESORT HOTEL DRAWING DATED AUGUST 1977, LOCATED IN ARANSAS COUNTY, TEXAS, SAID 2.624 ACRES OF LAND BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGINNING at a point, being the northeast corner of said Tract 2c in the westerly right-of-way of Marina Lane:

THENCE S 15°29'00" W with the westerly right-of-way of Marina Lane, a distance of 415.56 feet to a point for corner:

THENCE S 74°31'00" E, a distance of 20.00 feet to a point for corner:

THENCE S 15°29'00" W, a distance of 77.02 feet to a point for corner:

THENCE N 54°01'50" W, a distance of 19.64 feet to a point for corner:

THENCE S 15°48'50" W, a distance of 44.05 feet to a point for corner:

THENCE N 56°27'10" W, a distance of 206.93 feet to a point for corner:

THENCE N 47°05'40" W, a distance of 87.90 feet to a point for corner:

THENCE N 22°55'20" E, a distance of 392.90 feet to a point for corner:

THENCE S 72°14'13" E, a distance of 158.00 feet to a point for corner:

THENCE N 72°36'10" E, a distance of 77.00 feet to the POINT OF BEGINNING, and containing 2.624 acres of land more or less.

TRACT 2I:

Being a part or parcel of land containing 0.990 acres of land, located in Aransas County, Texas, said 0.990 acres of land being more fully described as follows:

COMMENCING at a concrete monument marking the intersection of the easterly right of way of Highway No. 35 with the southerly right of way of State Park Road 13:

THENCE North 86°04'00" East with said southerly right of way of State Park Road 13, a distance of 93.89 feet to a concrete monument for corner:

THENCE South 65°02'10" East with said right of way a distance of 33.22 feet to the POINT OF BEGINNING:

THENCE South 65°02'10" East with said right of way, a distance of 228.45 feet to a point for corner:

THENCE South 15°29'00" West, a distance of 181.63 feet to a point for corner:

THENCE North 61°47'10" West, a distance of 276.13 feet to a point for corner:

THENCE North 31°00'30" East, a distance of 164.40 feet to the POINT OF BEGINNING and containing 0.990 acres of land, more or less.

TRACT 2J:

COMMENCING at a concrete monument marking the intersection of the easterly right-of-way of Highway No. 35 with the southerly right-of-way of State Park Road 13;

THENCE South 31°00'30" West with said easterly right-of-way of Highway No. 35, a distance of 142.54 feet to a point for corner;

THENCE South 61°47'10" East, a distance of 199.61 feet to the POINT OF BEGINNING:

THENCE South 61°47'10" East, a distance of 194.89 feet to a point for corner;

THENCE South 15°29'00" West, a distance of 170.00 feet to a point for corner;

THENCE South 72°36'10" West, a distance of 77.00 feet to a point for corner;

THENCE North 72°14'13" West, a distance of 158.00 feet to a point for corner;

THENCE North 22°55'20" East, a distance of 250.57 feet to the POINT OF BEGINNING and containing 1.073 acres of land, more or less.

PART 3:

TRACT 3A:

BEING 82.382 ACRES OF LAND EMBRACING ALL OF OUTLOTS FIFTY-NINE (59), SIXTY (60), SIXTY-ONE (61), SIXTY-TWO (62), SIXTY-THREE (63), SIXTY-FOUR (64), A PORTION OF OUTLOT SIXTY-FIVE (65), ALL OF OUTLOTS SIXTY-SIX (66), SIXTY-SEVEN (67), SIXTY-EIGHT (68), SIXTY-NINE (69), SEVENTY (70), SEVENTY-ONE (71) AND SEVENTY-TWO (72), LAMAR OUTLOTS, LAMAR TOWNSITE, WILLIAM LEWIS SURVEY A-96, ARANSAS COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGES 36-37, PLAT RECORDS OF ARANSAS COUNTY, TEXAS, ALONG WITH THE SOUTH ONE-HALF (S/2) OF SOUTH STREET CLOSED AND ABANDONED BY THE COMMISSIONERS COURT OF ARANSAS COUNTY AND RECORDED IN VOLUME 14, PAGE 52, MINUTES OF THE COMMISSIONERS COURT OF ARANSAS COUNTY, TEXAS, WITH SAID 82.382 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGIN at a 5/8" steel rebar set in the East boundary of the Texas Parks and Wildlife Goose Island State Park and being on the centerline of said South Street closed and abandoned by Commissioners Court and being the NORTHWEST corner and PLACE OF BEGINNING of this survey;

THENCE, North 89°27'21" East along and with the centerline of South Street at 701.16 feet pass an old fence corner post found at the common corners of Outlots 66, 67, 84 and 85, at 2501.01 feet pass a 5/8" steel rebar set on line for reference and in all a distance of 2944.73 feet to a point on the mean high water line of St. Charles Bay and being the NORTHEAST corner of this survey;

THENCE, in a Southerly direction along and with the meanders of the shoreline of St. Charles Bay mean high water line as follows:

South 38°20'11" West a distance of 50.55 feet to a point;

South 29°56'16" West a distance of 83.26 feet to a point;

South 07°39'59" West, a distance of 52.79 feet to a point;

South 05°20'41" East a distance of 14.43 feet to a point;

South 09°06'59" East a distance of 43.91 feet to a point;

South 26°28'17" East a distance of 48.23 feet to a point;

South 23°02'47" East a distance of 36.16 feet to a point;

South 11°16'07" West a distance of 105.22 feet to a point;

South 39°18'08" West a distance of 34.14 feet to a point;

South 31°01'16" West a distance of 61.95 feet to a point;

South 22°34'52" West a distance of 30.53 feet to a point;

South 29°35'21" East a distance of 17.54 feet to a point;

South 10°51'38" West a distance of 42.06 feet to a point;

South 08°20'31" East a distance of 24.94 feet to a point;

South 36°18'29" West a distance of 18.64 feet to a point;

South 35°06'01" West a distance of 28.59 feet to a point;

South 34°47'22" West a distance of 8.31 feet to a point;

South 06°25'11" West a distance of 13.69 feet to a point;

South 87°44'02" West a distance of 9.99 feet to a point;

North 53°22'57" West a distance of 7.17 feet to a point;

South 53°42'42" West a distance of 50.99 feet to a point;

South 36°41'23" West a distance of 45.64 feet to a point;

South 45°29'17" West a distance of 17.19 feet to a point;

North 86°08'55" West a distance of 11.48 feet to a point;

South 50°25'43" West a distance of 191.88 feet to a point;

South 49°49'22" West a distance of 123.50 feet to a point;

South 46°07'19" West a distance of 148.24 feet to a point;

South 41°01'37" West a distance of 38.65 feet to a point;

South 12°24'38" West a distance of 24.86 feet to a point;

South 67°10'57" West a distance of 16.42 feet to a point;

South 48°52'31" West a distance of 34.79 feet to a point;

South 12°24'53" West a distance of 26.77 feet to a point;

South 32°35'54" West a distance of 21.90 feet to a point;

South 84°21'20" West a distance of 26.63 feet to a point;

South 58°47'15" West a distance of 53.76 feet to a point;

South 79°17'32" West a distance of 43.88 feet to a point;

South 49°35'26" West a distance of 103.25 feet to a point;

South 79°19'50" West a distance of 38.59 feet to a point;

South 45°47'48" West a distance of 25.79 feet to a point;

South 57°24'47" West a distance of 30.63 feet to a point;

South 54°08'06" West a distance of 53.79 feet to a point;

South 45°51'09" West a distance of 40.35 feet to a point;

South 71°58'58" West a distance of 33.13 feet to a point;

South 58°57'41" West a distance of 82.46 feet to a point;

South 57°59'37" West a distance of 96.57 feet to a point;

South 56°29'32" West a distance of 139.21 feet to a point;

South 61°51'05" West a distance of 44.21 feet to a point;

THENCE, in a Westerly direction along and with the meanders of the shoreline of St. Charles Bay mean high water line as follows:

North 82°36'30" West a distance of 55.37 feet to a point;

South 73°27'02" West a distance of 27.77 feet to a point;

North 85°37'15" West a distance of 17.47 feet to a point;

South 77°38'18" West a distance of 35.08 feet to a point;

South 70°33'50" West a distance of 49.93 feet to a point;

North 81°05'23" West a distance of 11.28 feet to a point;

North 80°35'20" West a distance of 54.28 feet to a point;

North 66°57'53" West a distance of 23.03 feet to a point;

North 57°29'46" West a distance of 77.82 feet to a point;

North 70°40'54" West a distance of 30.27 feet to a point;

North 54°06'28" West a distance of 10.60 feet to a point;

North 18°55'05" West a distance of 32.48 feet to a point;

North 53°33'32" West a distance of 36.95 feet to a point;

South 84°40'44" West a distance of 60.10 feet to a point;

South 71°07'03" West a distance of 53.97 feet to a point;

South 60°52'38" West a distance of 45.30 feet to a point;

South 67°12'02" West a distance of 35.46 feet to a point;

South 80°31'42" West a distance of 32.49 feet to a point;

South 78°00'47" West a distance of 27.83 feet to a point;

South 61°32'24" West a distance of 18.39 feet to a point;

North 80°49'51" West a distance of 14.33 feet to a point;

South 83°04'13" West a distance of 35.05 feet to a point;

South 82°22'29" West a distance of 23.70 feet to a point;

North 76°50'57" West a distance of 18.69 feet to a point;

South 70°06'33" West a distance of 81.49 feet to a point;

South 54°33'08" West a distance of 49.01 feet to a point;

South 72°34'56" West a distance of 30.98 feet to a point;

South 57°54'43" West a distance of 38.69 feet to a point;

South 70°52'17" West a distance of 31.24 feet to a point;

South 60°50'44" West a distance of 28.58 feet to a point;

South 49°29'39" West a distance of 49.15 feet to a point;

South 65°39'08" West a distance of 30.58 feet to a point;

South 79°20'54" West a distance of 47.20 feet to a point;

North 78°42'47" West a distance of 27.03 feet to a point;

North 57°47'56" West a distance of 33.57 feet to a point;

North 72°22'13" West a distance of 36.10 feet to a point;

South 79°49'59" West a distance of 17.70 feet to a point;

THENCE, North 0°57'39" West along and with the common line between Outlots 58 and 59 at 127.78 feet pass a 5/8" steel rebar set on line for reference and in all a distance of 841.25 feet to a 5/8" steel rebar set for the common corner of Outlots 58, 59, 65 and 66 and being an INTERIOR corner of this survey;

THENCE, South 89°27'21" West along and with the common line between Outlots 58 and 65 a distance of 317.10 feet to a 5/8" steel rebar set in the East boundary of Texas Parks and Wildlife Goose Island State Park and being an EXTERIOR corner of this survey;

THENCE, North 0°56'38" West along and with the East boundary of said Texas Parks and Wildlife Goose Island State Park a distance of 799.99 feet to the PLACE OF BEGINNING and containing 82.382 acres of land, more or less.

TRACT 3B:

BEING 15.4 ACRES OF LAND EMBRACING THE NORTHERLY ONE-HALF (N/2) OF OUTLOTS EIGHTY-FIVE (85), EIGHTY-SIX (86), EIGHTY-SEVEN (87) AND ALL OF OUTLOT EIGHTY-EIGHT (88), LAMAR OUTLOTS, LAMAR TOWNSITE, WILLIAM LEWIS SURVEY A-96, ARANSAS COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGES 36-37, PLAT RECORDS OF ARANSAS COUNTY, TEXAS, WITH SAID 15.4 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGIN at an old cedar fence post found in the West boundary of said Outlot 85 and being the common Easterly corner of Outlots 83 and 84 of said Lamar Outlots and being the SOUTHWEST corner and PLACE OF BEGINNING of this survey;

THENCE, North 0°57'39" West along and with the common boundary between Outlots 83 and 85 a distance of 385.0 feet to a 5/8" steel rebar set for the common corner of Outlots 83, 85, 91 and 92 and being the NORTHWEST corner of this survey;

THENCE, North 89°34'11" East along and with the South boundary of Outlots 92, 93 and 95 of said Lamar Outlots at 1269.97 feet pass a 5/8" steel rebar set on line for reference and in all a distance of 1818.45 feet to a point on the mean high water line of St. Charles Bay and being the NORTHEAST corner of this survey;

THENCE, in a Southerly direction along and with the meanders of the shoreline of St. Charles Bay mean high water line as follows:

South 39°54'54" West a distance of 21.34 feet to a point;

South 43°55'59" West a distance of 21.87 feet to a point;

South 68°38'23" West a distance of 6.66 feet to a point;

South 47°46'35" West a distance of 25.20 feet to a point;

South 09°03'15" West a distance of 28.93 feet to a point;

South 42°06'20" West a distance of 17.83 feet to a point;

South 61°01'08" West a distance of 41.40 feet to a point;

South 31°54'48" West a distance of 41.40 feet to a point;

South 11°22'20" West a distance of 21.25 feet to a point;

South 00°10'01" East a distance of 40.13 feet to a point;

South 20°23'44" East a distance of 43.76 feet to a point;

South 32°35'47" East a distance of 19.95 feet to a point;

South 40°14'53" West a distance of 10.61 feet to a point;

South 83°55'35" West a distance of 16.02 feet to a point;

South 75°05'18" East a distance of 6.51 feet to a point;

South 73°05'05" East a distance of 46.28 feet to a point;

South 43°05'06" East a distance of 49.45 feet to a point;

South 32°26'45" East a distance of 27.12 feet to a point;

South 61°50'12" East a distance of 47.51 feet to a point;

South 57°43'00" East a distance of 30.64 feet to a point for the SOUTHEAST corner of this survey and being on the common line between Outlots 88 and 89 of the Lamar Outlots;

THENCE, South 89°27'21" West along and with the common line between Outlots 88 and 89 of the Lamar Outlots at 455.84 feet pass a 5/8" steel rebar set on line for reference and continuing along and with the common line between said Outlot 89 and the North boundary of the South one-half of Outlots 87, 86 and 85 a total distance of 1865.95 feet to the PLACE OF BEGINNING and containing 15.4 acres of land, more or less.

TRACT 3C:

BEING 20.344 ACRES OF LAND EMBRACING THE SOUTHERLY ONE-HALF (S/2) OF OUTLOTS EIGHTY-FIVE (85), EIGHTY-SIX (86), EIGHTY-SEVEN (87) AND ALL OF OUTLOT EIGHTY-NINE (89), LAMAR OUTLOTS, LAMAR TOWNSITE, WILLIAM LEWIS SURVEY A-96, ARANSAS COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 2, PAGES 36-37, PLAT RECORDS OF ARANSAS COUNTY, TEXAS, ALONG WITH THE NORTH ONE-HALF (N/2) OF SOUTH STREET CLOSED AND ABANDONED BY THE COMMISSIONERS COURT OF ARANSAS COUNTY AND RECORDED IN VOLUME 14, PAGE 52, MINUTES OF THE COMMISSIONERS COURT OF ARANSAS COUNTY, TEXAS, WITH SAID 20.344 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGIN at an old cedar fence post found in the West boundary of said Outlot 85 and being the common Easterly corner of Outlots 83 and 84 of said Lamar Outlots and being the NORTHWEST corner and PLACE OF BEGINNING of this survey;

THENCE, North 89°27'21" East along and with the South boundary of the North one-half of Outlots 85, 86, 87 and the South boundary of Outlot 88 of the Lamar Outlots at 1410.11 feet pass a 5/8" steel rebar set on line for reference and in all a distance of 1865.95 feet to a point on the mean high water line of St. Charles Bay and being the NORTHEAST corner of this survey;

THENCE, in a Southeasterly direction along and with the meanders of the shoreline of St. Charles Bay mean high water line as follows:

South 57°43'00" East a distance of 23.07 feet to a point;

South 33°28'45" East a distance of 32.41 feet to a point;

South 42°37'59" East a distance of 42.01 feet to a point;

South 46°47'05" East a distance of 42.30 feet to a point;

South 63°51'34" East a distance of 37.42 feet to a point;

South 75°31'51" East a distance of 80.39 feet to a point;

South 70°46'37" East a distance of 35.52 feet to a point;

South 64°44'07" East a distance of 45.05 feet to a point;

South 55°14'40" East a distance of 69.96 feet to a point;

South 48°42'49" East a distance of 47.45 feet to a point;

South 36°40'16" East a distance of 23.62 feet to a point;

South 26°11'12" East a distance of 62.64 feet to a point;

South 19°54'19" East a distance of 56.63 feet to a point;

South 10°29'15" West a distance of 15.74 feet to a point;

South 79°14'15" West a distance of 14.27 feet to a point;

South 70°57'38" West a distance of 20.12 feet to a point;

South 38°20'11" West a distance of 25.93 feet to a point and being on the centerline projection of South Street and being the SOUTHEAST corner of this survey;

THENCE, South 89°27'21" West along and with the centerline of South Street at 443.72 feet pass a 5/8" steel rebar set on line for reference and in all a distance of 2243.57 feet to an old fence corner post found for the common corner of Outlots 84, 85, 86, and 87 and being the SOUTHWEST corner of this survey;

THENCE, North 0°57'39" West at 30.00 feet pass the original Southwest corner of said Outlot 85 and in all a distance of 415.00 feet to the PLACE OF BEGINNING and containing 20.344 acres of land, more or less.

SECTION 3. (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.

(b) The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality.

(c) The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time.

(d) All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.